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Landings Developer ‘Surprised' by City's Action Terminating Contract

By RYAN E. LITTLETHE LEDGER

Published: Friday, February 1, 2013 at 12:01 a.m.

Last Modified: Friday, February 1, 2013 at 12:00 a.m.

WINTER HAVEN | The Landings' financier, Taylor Pursell of Birmingham, Ala., said Thursday he was surprised by the City Commission's decision to support a letter informing him their deal was terminated.

"That was a sleepless night for me unfortunately. It hit me totally by surprise," he said.

The letter emailed to Pursell following the Monday night commission meeting said the developer had failed to fulfill his contract with the city. Commissioners agreed to support the termination letter by a 3-0 vote at their meeting. Commissioner Nat Birdsong was absent.

In their response to the letter, lawyers representing The Landings disputed the basis for the city to terminate the contract to build a large-scale mixed-used development on the site of the city-owned Chain of Lakes Complex.

"It personally hit me hard because it was totally unexpected," Pursell said. "There's a lot of money invested and a lot of time, and it just hit me right by surprise.

"It was getting hit personally because I think we bent over backwards to help out the city," he said.

Pursell was unwilling to discuss specifics of the case. He said he wanted to have further discussions with his lawyers before speaking more specifically.

Pursell said he took issue with City Commissioner Pete Chichetto's motion to support the letter because the motion was not on the agenda. Pursell said it should have been an agenda item so he and residents could have known the discussion would be held.

City Commissioner Steven Hunnicutt said that while he stands by his vote to terminate the contract, he agreed that the vote should have been an agenda item.

"There's nothing saying that a commissioner can't make a motion ... but when it's something of this magnitude, especially if there is draft letters and emails going around, then we should all be privy to that information," he said.

A draft copy of the letter sent Monday night, with only minor differences, was circulated Jan. 25 to City Manager Dale Smith, Chichetto and city department directors.

The letter from Pursell's lawyers was faxed Wednesday to City Attorney John Murphy. It said they disagree with the city's finding and want the city to ensure records aren't destroyed.

"The buyer (Pursell) strongly disagrees with your contentions in that letter, and the buyer is considering all of its options in order to protect its interests," wrote James R. Bussian, a Birmingham, Ala.-based lawyer representing Pursell.

City spokeswoman Joy Townsend, who is the city's records manager, said no city records associated with The Landings have been deleted.

Deleting the records would be a violation of Florida law, she said.

The Landings was once planned as a grand shopping center, but it later was scaled down. The developer purchased the site of the former Orange Dome, demolished the building and built three restaurants on what were planned as outlying lots.

The city's letter said The Landings has had multiple material failures, including not closing on the purchase of 0.33 acres of city-owned land, not submitting a declaration of covenants, conditions and restrictions by May 5, 2012, and not advancing the project in a manner consistent with the terms of the agreement.

The letter gives The Landings 30 days to get off the property and says the city will keep a $100,000 deposit made by the developer.

Opinions on termination have differed. Many users of the city-owned complex say they are happy with the commission's decision.

Supporters of the project say it is positive economic development that the City Commission should not stop.

The project's first phase, which includes Chick-fil-A, Starbucks and Panera Bread, employs about 190 people.

[ Ryan E. Little can be reached at ryan.little@theledger.com or 863-401-6962. ]

<p>WINTER HAVEN | The Landings' financier, Taylor Pursell of Birmingham, Ala., said Thursday he was surprised by the City Commission's decision to support a letter informing him their deal was terminated.</p><p>"That was a sleepless night for me unfortunately. It hit me totally by surprise," he said.</p><p>The letter emailed to Pursell following the Monday night commission meeting said the developer had failed to fulfill his contract with the city. Commissioners agreed to support the termination letter by a 3-0 vote at their meeting. Commissioner Nat Birdsong was absent.</p><p>In their response to the letter, lawyers representing The Landings disputed the basis for the city to terminate the contract to build a large-scale mixed-used development on the site of the city-owned Chain of Lakes Complex.</p><p>"It personally hit me hard because it was totally unexpected," Pursell said. "There's a lot of money invested and a lot of time, and it just hit me right by surprise.</p><p>"It was getting hit personally because I think we bent over backwards to help out the city," he said.</p><p>Pursell was unwilling to discuss specifics of the case. He said he wanted to have further discussions with his lawyers before speaking more specifically.</p><p>Pursell said he took issue with City Commissioner Pete Chichetto's motion to support the letter because the motion was not on the agenda. Pursell said it should have been an agenda item so he and residents could have known the discussion would be held.</p><p>"The Landings, that's not moving a fire hydrant," Pursell said. "That's a huge project."</p><p>City Commissioner Steven Hunnicutt said that while he stands by his vote to terminate the contract, he agreed that the vote should have been an agenda item.</p><p>"There's nothing saying that a commissioner can't make a motion ... but when it's something of this magnitude, especially if there is draft letters and emails going around, then we should all be privy to that information," he said.</p><p>A draft copy of the letter sent Monday night, with only minor differences, was circulated Jan. 25 to City Manager Dale Smith, Chichetto and city department directors.</p><p>The letter from Pursell's lawyers was faxed Wednesday to City Attorney John Murphy. It said they disagree with the city's finding and want the city to ensure records aren't destroyed.</p><p>"The buyer (Pursell) strongly disagrees with your contentions in that letter, and the buyer is considering all of its options in order to protect its interests," wrote James R. Bussian, a Birmingham, Ala.-based lawyer representing Pursell.</p><p>City spokeswoman Joy Townsend, who is the city's records manager, said no city records associated with The Landings have been deleted.</p><p>Deleting the records would be a violation of Florida law, she said.</p><p>The Landings was once planned as a grand shopping center, but it later was scaled down. The developer purchased the site of the former Orange Dome, demolished the building and built three restaurants on what were planned as outlying lots.</p><p>The city's letter said The Landings has had multiple material failures, including not closing on the purchase of 0.33 acres of city-owned land, not submitting a declaration of covenants, conditions and restrictions by May 5, 2012, and not advancing the project in a manner consistent with the terms of the agreement.</p><p>The letter gives The Landings 30 days to get off the property and says the city will keep a $100,000 deposit made by the developer.</p><p>Opinions on termination have differed. Many users of the city-owned complex say they are happy with the commission's decision.</p><p>Supporters of the project say it is positive economic development that the City Commission should not stop.</p><p>The project's first phase, which includes Chick-fil-A, Starbucks and Panera Bread, employs about 190 people.</p><p> </p><p>[ Ryan E. Little can be reached at ryan.little@theledger.com or 863-401-6962. ]</p>